Case 1:09-cv-08077-LAK Document 1 Filed 09/22/2009 Page 1 of 7

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

)
YURI CORTEZ, ROLANDO AVILES )
and AGENCE FRANCE PRESSE, )
)
) 09 Civ. 8077 (Kaplan)
Plaintiffs, )
) Complaint
-against- )
)
TOM BRADY and GISELE )
BUNDCHEN, )
)
Defendants. )
)

Yuri Cortez (“Cortez”), Rolando Aviles (“Aviles”) and Agence France-

Presse (“AFP”) by their attorneys Gleason & Koatz, LLP and Venable LLP for their

complaint against each of Tom Brady (“Brady”) and Gisele Bundchen (“Bundchen”)

allege:

Introduction

1. This is an action to recover damages for physical and emotional

injuries suffered by each of Cortez and Aviles and for damages suffered by AFP all

caused jointly and severally directly and indirectly by Brady and Bundchen.

2. Brady, a well-known athlete who plays for the New England

Patriots football team and Bundchen, an international fashion model, were married

in Santa Monica, Los Angeles on about February 26, 2009.

3. In early April 2009 Brady and Bundchen held an after-wedding

celebration at Bundchen’s holiday home in Costa Rica.

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4. Cortez is employed by AFP as a photographer, which dispatched

him to Costa Rica to photograph the after-wedding celebration of Brady and

Bundchen.

5. Aviles is a freelance photographer on assignment for Al Dia, a

Costa Rican national daily newspaper, which also dispatched him to photograph the

same after-wedding celebration.

6. After having duly obtaining authorization from the landowner,

Cortez and Aviles lawfully entered the property adjoining the Bundchen property

and discreetly photographed the after-wedding celebration.

7. Suddenly and while Cortez and Aviles were returning to their

car rented by AFP by Cortez and parked near the neighbor’s land where they had

taken the photographs, a bodyguard employed by Brady and Bundchen approached

Cortez and Aviles in a menacing and threatening manner. The bodyguard first

presented himself as being a police officer, but refused to produce any proof of

identification. He demanded Cortez’s camera and memory cards. Aviles managed to

run off and escape. Cortez tried to do the same but was grabbed by the bodyguard,

his arm twisted behind him and immobilized.

8. The bodyguard was soon joined by five other men and Cortez

was released from his hold, but not allowed to leave. They constantly demanded

Cortez’s camera and memory cards. A few attempted to hit Cortez, although he was

able to move away before any punches were landed. One of them also identified

himself as the “head of security” and a police officer but refused to produce

identification on Cortez’s request.

9. The men said that the people from the Bundchen-Brady family

wanted to talk to Cortez. After further discussion, they told Cortez to get into his

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car. Cortez complied and was forced to drive to the Bundchen’s residence. He was

accompanied by one of the men. They saw Aviles on the way, who re-joined Cortez

in the car. Once at Bundchen’s residence, Cortez was asked by two additional men

to give them his memory cards. After more conversation and an attempt from one of

the men to enter the car and remove the cameras, Cortez and Aviles upon seeing a

drawn gun in the hands of one of the bodyguards attempted to drive away from the

scene. At that moment, one of the Brady/Bundchen bodyguards opened fire with

pistols and shot at Cortez and Aviles who were in the SUV.

10. One of the shots fired by the Brady/Bundchen bodyguard struck

and shattered the rear window of the SUV, hit the front windshield and ricocheted

off of it into the driver’s seat. The bullet narrowly missed striking the heads of

Cortez and Aviles.

The Parties

11. Cortez and Aviles are each a citizen of Costa Rica.

12. Brady is a citizen of the United States of America and a resident

of the State of New York, City of New York.

13. Bundchen was born in Brazil but by virtue of her marriage to

Brady and her residence and domicile in New York is considered for purposes of this

litigation to be a resident and domiciliary of the State of New York.

14. AFP is a French autonomous entity with its principal place of

business located in Paris, France.

Jurisdiction and Venue

15. This Court has jurisdiction over the person of defendants and

plaintiff’s claims pursuant to 28 U.S.C. § 1332 and section 301 of the New York

Civil Practice Law and Rules.

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16. The matter in controversy in these claims exceeds the sum of or

value of $150,000, exclusive of interest or costs.

17. Venue is proper in this district under 28 U.S.C. § 1391.

FIRST CLAIM
(Negligence)

18. Each of Brady and Bundchen owed Cortez and Aviles a duty of

care and a commensurate duty to avoid causing harm to Cortez and Aviles.

19. Each of Brady and Bundchen breached that duty of care by

exposing Cortez and Aviles to a great risk of serious bodily harm by permitting their

employees, servants and agents to discharge firearms with intent to kill or wound

Cortez and Aviles.

20. Each of Brady and Bundchen knew that their activities

independently and jointly served as a magnet to the press. It made big news when

Brady and Bundchen began dating and Brady’s famous ex-girlfriend Bridget

Moynahan became pregnant. Bundchen was featured on the cover of Vanity Fair, in

which she commented that she feels as though Brady and Moynahan's son is 100

percent her own. Those comments caused debate and rumors to spread that

Moynahan was not too pleased. Brady quarterbacked the Patriots to victories in

Super Bowl XXXVI, Super Bowl XXXVIII, and Super Bowl XXXIX. He was named

Super bowl MVP in Super Bowls XXXVI and XXXVIII. Bundchen and Brady are

beautiful people who attract the paparazzi and the drama surrounding them.

21. Each of Brady and Bundchen thus knew that their after-

wedding celebration in Costa Rica would be covered by the press. For that reason,

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among others, Brady and Bundchen hired bodyguards to protect them from the

paparazzi to whom Cortez and Aviles cannot be compared.

22. Brady and Bundchen were negligent and careless in the hiring,

selection and training of bodyguards.

23. As a result of the negligence and carelessness of Brady and

Bundchen, Cortez and Aviles were each caused to suffer physical injuries and

mental anguish.

24. As a direct and proximate result of the negligence of Brady and

Bundchen, Cortez and Aviles have each incurred expenses for medical care and

treatment, medicines, nursing services, physical therapy and other necessary forms

of treatment.

25. Cortez and Aviles each continues to suffer physical pain and

mental anguish as a direct and proximate result of the negligence of Brady and

Bundchen.

26. The physical injuries and mental anguish suffered, and

continued to be suffered by Cortez and Aviles, were the direct and proximate result

of the negligence of each of Brady and Bundchen without any contributory

negligence or assumption of risk by either of Cortez or Aviles.

SECOND CLAIM
(Loss Suffered by AFP)

27. AFP is one of the world’s largest and most respected

international press agencies with 110 bureaus around the world. It supplies news

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coverage in all forms of media to newspapers, magazines, and web sites around the

globe.

28. AFP sought to cover the Brady/Bundchen’s after-wedding

celebration, an event which had generated a great deal of public interest. To that

end, it dispatched its staff photographer Cortez to cover and photograph the

celebration in an appropriate manner.

29. On behalf of AFP Cortez covered and photographed the event in

a legal and non-intrusive manner.

30. Brady and Bundchen knew or should have known that the press

would monitor and record their noteworthy activities.

31. AFP as a wire service takes great pains to protect its staff and

freelancers while on assignment and does not tolerate attacks on them while in the

fulfillment of their newsgathering mission. Violent attacks on its staff in the field

are harmful to AFP in its newsgathering ability, capacity and operations.

32. AFP incurred great expense and cost in the travel of Cortez to

Costa Rica, in lodging and meals, the rental of a vehicle and the neighboring

property.

33. As a direct and proximate result of the negligence and

carelessness of Brady and Bundchen AFP was caused to suffer the loss of

substantial sums of money and property in an amount to be determined at trial.

WHEREFORE, Cortez, Aviles and AFP demand judgment:

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a. for damages against Brady and Bundchen jointly and severally

on the First and Second in an amount to be determined by the Court at trial, but in

all events, not less than $1,000,000.00, plus all applicable interest thereon;

b. the costs and disbursements of this action;

c. such attorneys’ fees as to which Cortez, Aviles and AFP may be

entitled to in law; and

d. such other and further relief as the Court may deem just and

proper.

JURY DEMAND

Dated: New York, New York

September 21, 2009

John P. Gleason (JG 2848)

Gleason & Koatz, LLP

122 East 42nd Street
New York, New York 10168
(212) 986-1544
Attorneys for plaintiffs

Joshua Kaufman (JK 1031)

Venable, LLP
575 7th Street
Washington, D.C. 20004
__Attorneys for Plaintiffs
_________________

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